Durable vs. Non-Durable Power of Attorney: Key Differences and Implications
A durable power of attorney allows an agent to continue acting on behalf of a principal—the person creating a power of attorney—following the principal’s incapacity.
By contrast, an agent’s powers under a non-durable power of attorney will expire upon the principal’s incapacity.
In Colorado, powers of attorney are considered by default to be durable and would require specific language to make them non-durable.
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